Article 4.2 of Law 2/1974 of 14 February on Professional Colleges establishes that the merger, absorption, segregation, change of denomination and dissolution of the Professional Colleges of the same profession will be promoted by the Colleges themselves, in accordance with the provisions of the respective Statutes. However, the existing General Statutes of the Official College of Telecommunications Engineers, approved by Royal Decree 261/2002 of 8 March 2002, do not contain any provisions governing their eventual transformation into a structure multiple. This reform aims, precisely, to fill this gap, including a new chapter in which the corresponding procedure for the segregation of a territorial demarcation of the single State College is regulated as a step prior to its eventual transformation into a multiple-structure college and to fully align its content with the judgment of the Constitutional Court 201/2013 of 5 December 2013 on the appeal of unconstitutionality 8434-2006 brought in relation to Various provisions of the Law of the Parliament of Catalonia of 31 May of the year of Vocational schools, in connection with Article 125 of the Organic Law 6/2006 of 19 July, on the reform of the Statute of Autonomy of Catalonia.

In that judgment, the Constitutional Court declares the transitional provision of the Law of 31 May, of the Parliament of Catalonia, of the exercise of the entitled professions and of the professions, partially unconstitutional. The Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament and the Committee of the Party of European States. organisational rules applicable to state schools, in particular as regards the Article 4.2 of Law 2/1974 of 13 February. According to the judgment of the Constitutional Court (F.J. 10): the organisational structure to which each professional college has to be adjusted is a matter which forms part of the autonomy of decision which corresponds to the professional and it shall be carried out in accordance with the procedure laid down in the rules which is applicable, depending on the territorial scope of the college concerned. In the case in question, and precisely because it concerns a State-level college, that process will have to comply with the provisions of the organisational rules applicable to state schools, in particular the provisions of the Article 4.2 of Law 2/1974 of 13 February.

This royal decree is dictated under the jurisdiction that Article 149.1.18. of the Constitution attributes to the State and in accordance with the provisions of Article 6.2 of Law 2/1974 of 13 February.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, in agreement with the Council of State and after deliberation of the Council of Ministers, at its meeting of the day 27 March 2015,

DISPONGO:

Article first. Amendment of Royal Decree 261/2002 of 8 March 2002 approving the General Statutes of the Official College of Telecommunications Engineers.

Royal Decree 261/2002 of 8 March, approving the General Statutes of the Official College of Telecommunications Engineers, is amended as follows:

One. The first final provision is amended, which becomes a single additional provision with the following wording:

" Single additional disposition. Territorial scope of the College.

The territorial scope of the Official College of Telecommunications Engineers as set out in Article 3 of the Statute is without prejudice to the scope of the segregation process for one or more of the Demarcations. territorial and its subsequent constitution in an independent College. "

Two. The final disposition second is renumbered as the single final disposition.

Article 2. Amendment of the General Statutes of the Official College of Telecommunications Engineers

The General Statutes of the Official College of Telecommunications Engineers, approved by Royal Decree 261/2002 of March 8, are amended as follows:

One. Article 3 is worded as follows:

" Article 3. Personal and territorial scope.

1. The Official College of Telecommunications Engineers shall bring together those who hold the legally required qualification for the pursuit of the profession of Telecommunications Engineer in accordance with the terms of Article 6. They shall also group those other persons referred to in Chapter II of these Statutes in the terms provided for therein.

2. The scope of the Official College of Telecommunications Engineers is state-based, having as a fundamental principle of its territorial organization the collegial unit, compatible with the autonomy of its organs in the various territorial Demarcations and the solidarity between all of them, without prejudice to the provisions of the single additional provision of the royal decree of approval of these General Statutes. "

Two. Article 19 (1) is worded as follows:

" 1. The College, for the best development, operation and fulfillment of its aims, is organized territorially in territorial Demarcations. "

Three. A new Chapter XI is added with the following wording:

" CHAPTER XI

From the segregation of territorial Demarcations

Article 78. From segregation.

1. The territorial demarcations of the Official College of Telecommunications Engineers, constituted in accordance with the provisions of Article 21 of these General Statutes, and in the terms in which the corresponding procedure is developed in the General Rules of Procedure of the Internal Regime, may urge their segregation from the Single College to constitute an independent professional College.

2. To this end, the Board of Territorial Government, at the request of at least half of the collegiate members assigned to the Territorial Demarcation, will convene an extraordinary session of the Territorial Assembly to submit the proposal for segregation to the decision of the collegiate and approve a protocol of segregation. Both the proposal and the protocol, the content of which may be developed by the General Rules of Procedure of the College, shall include at least the following:

(a) Supporting memory, with the expression of the reasons underlying the need and convenience of the creation of the new professional college;

(b) study of the economic viability of both the existing and the newly created corporation, with the delimitation of the economic and economic rights and obligations that correspond to each of them; and

c) a notarized commitment by all proponents to deal with the property burdens arising from segregation.

3. The extraordinary session of the territorial assembly will require for its valid constitution the concurrence, between present and represented, of at least half of the collegiate members assigned to the Territorial Demarcation, in a single call. The adoption of the single school segregation agreement will require a favorable vote of two-thirds of the attendees.

4. Approved by the Territorial Assembly, the proposal for segregation will be forwarded to the Board of Government of the College that will require the previous report of the College Council.

5. Subsequently, the Governing Board will convene an extraordinary session of the General Assembly of collegiates that will decide on the segregation agreed by the Territorial Demarcation, verifying that the terms and conditions of the agreement will be in accordance with the provisions of the General Statute and, where appropriate, the General Rules of Procedure. The General Assembly may object to the proposal of segregation for reasons of legality, material or formal, or because of serious prejudice to the interests of the corporation, in particular of a patrimonial character, expressing in any case the grounds on which your opposition is based.

6. The agreement adopted by the General Assembly of the College on the request for segregation of a Territorial Demarcation will be communicated to the Ministry of Association, with the transfer of the file instructed by the Corporation, for approval, in its Case by the Government, in accordance with the provisions of Article 4.2 of Law 2/1974 of 13 February on Professional Colleges. "

Final disposition first. Competence title.

The present royal decree is dictated by the provisions of Article 149.1.18. of the Constitution which gives the State exclusive competence to lay down the basis of the legal system of public administrations.

Final disposition second. Entry into force.

This royal decree and the modification of the General Statutes of the Official College of Telecommunications Engineers which are approved shall enter into force on the day following that of their publication in the "Official Gazette of the State".

Given in Madrid, on March 27, 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ